Website Terms of Service
Minah Coaching Services
Registration Number 2008/186037/23
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE MINAH COACHING SERVICES (MCS) WEBSITE (THE "SITE") YOU (THE "CLIENT") ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS OF SERVICE.
1.1. These Terms of Service may be changed without notice. Your continued use of this Site after any such changes constitutes your acceptance of the new Terms of Service and its terms and conditions.
1.2. These Terms of Service apply exclusively to your access to, and use of, this Site and do not alter in any way, the Terms and Conditions related to services or otherwise from MCS.
1.3. The headings of the clauses in the Terms of Service are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the Terms of Service.
1.4. No failure or delay by MCS to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of these Terms of Service or prejudice our right to take subsequent action against the Client.
1.5. Minah Coaching Services cannot screen or edit all the content available from the MCS site and does not accept any liability for illegal, defamatory or obscene content. Clients are encouraged to inform MCS of any content that may be offensive or illegal.
1.6. If you have any questions about these Terms of Service please contact us using the General Enquiries link on firstname.lastname@example.org.
3.1. Copyright 2012-2014 © Minah Coaching Services (Pty) Ltd, Pretoria, South Africa. All rights not expressly granted, are reserved. To obtain permission for the commercial use of any content on this site contact Minah Coaching Services via the General Enquiries link on email@example.com.
4. Intellectual Property Rights
4.1. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to MCSand as such are protected from infringement by local and international legislation and treaties.
5. Licenses and Site Access
5.1. Minah Coaching Services grants you a limited license to make use of the Site. Such grant does not include, without limitation: (a) any resale of the Site or content therein; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MCS or any third party.
5.2. You may not use, frame or utilize framing techniques to enclose any MCS trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Minah Coaching Services express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a MCS’s name, trademark or product name without MCS's express written consent.
6.1. You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray MCS or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a MCS logo or other proprietary graphic or trademark of MCS to link to this Site without the express written permission of MCS. This limited right may be revoked at any time.
6.2. Minah Coaching Services makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of MCS and MCS is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by MCS of the site or any information contained therein. When leaving the MCS site, you should be aware that MCS’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
7. Client Conduct
7.1. In using this Site, and any of the services it offers, you agree:
7.1.1. Not to use the website in such a way that is in violation of any applicable law or regulation;
7.1.2. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
7.1.3. Not to violate, or attempt to violate the security of MCS. Violations of system or network security may result in civil or criminal liability. Minah Coaching Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting clients who are involved in such violations.
7.1.4. Not to disrupt or interfere with any other client's enjoyment of the Site or affiliated or linked Web sites
7.1.5. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
7.1.6. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
7.2. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.
8.1. You shall remain solely liable for the content of any messages or other information you upload or transmit to MCS. You agree to indemnify and hold harmless MCS from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Service, or your violation of any rights of a third party.
9.1. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to MCS, or postings on this Site, are non-confidential and shall become the sole property of MCS. Minah Coaching Services shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to MCS irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
10.1. The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a legal member of MCS is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.
10.2. Internet communications cannot be guaranteed to be secure or error-free. Neither MCS nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will MCS or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.
10.3. No employee is authorised to conclude a binding agreement on behalf of MCS by email without the express written confirmation of a director of MCS. Nothing contained in said email shall be construed as a legally binding agreement or an offer to contract.
11.1. Minah Coaching Services makes every effort to ensure the security and integrity of your account information.
11.2. firstname.lastname@example.org is not an encrypted site and is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.
11.3. Phishing is a form of fraud where criminals attempt to access your confidential information. This is done by an email request for information, by luring you to a fake website or some other such means. In any case of phishing, MCS will respond as quickly as possible to alert clients to any threat or to mitigate the threat. No guarantee is given as to this action however, and MCS will not be held liable for any consequences. It is the responsibility of the Client to be aware of such potential threats, to avoid them and to report them to MCS upon discovery.
11.4. Minah Coaching Services reserves the right to implement any security measures deemed appropriate to lower or negate fraudulent transactions, which may result in certain payments from a Client being disallowed.
12. Disclaimer of Warranties
12.1. Minah Coaching Services accepts that it is liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by MCS to you via the Website;
12.2. You understand and agree that this site and the information and services, available through it are provided on an "as is" and "as available" basis. You expressly agree that use of this site is at your sole risk.
12.3. To the fullest extent permissible pursuant to applicable law, MCS and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of fitness for a particular purpose, except as specifically stated in the text of the specific product or service or on the relevant section describing the product or service on this site. No oral or written information provided by MCS or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall you rely on any such information or advice.
12.4. You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.
12.5. You acknowledge that MCS does not control in any respect any information, products or services offered by third parties on or through this site, except as otherwise agreed in writing. Minah Coaching Services and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.
12.6. Minah Coaching Services does not make any warranty that this site or its content will meet your requirements, or that the site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Minah Coaching Services does not represent or warrant that materials in this site or information provided by MCS via email or other means, are accurate, complete, reliable, current or error-free. Nor does MCS make any warranty as to the results that may be obtained from use of MCS or its content or as to the accuracy, completeness or reliability of any information obtained through use of the site.
12.7. Minah Coaching Services assumes no responsibility for any damages suffered by a client, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption or service interruptions caused by the negligence of MCS, its affiliates, its licensors or a user's own errors and/or omissions.
12.8. Minah Communication Services disclaims any warranty or representation that confidentiality of information transmitted through this web site will be maintained.
12.9. All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and MCS disclaims any liability to the user in this regard.
13. Limitation of Liability
13.1. Minah Coaching Services has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the client doesn't suffer any loss or damages as a result of the use of this site.
13.2. Under no circumstances, including without limitation negligence, shall MCS or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing MCS products or related services be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use MCS products or any content provided by or through this site, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if MCS has been advised of the possibility of such damages.
13.3. Minah Coaching Services shall have no liability to you in connection with any actions or transactions by an individual that uses your user name and password with your consent or knowledge or any cause over which MCS does not have direct control, including, but not limited to, problems attributable to computer hardware or software (including computer viruses), telephones (or other communications equipment), or internet service providers.
13.4. In no event shall MCS be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
13.5. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
14. Client’s Liability to MCS
15. Termination of Service
15.1. Notwithstanding any of these terms and conditions, MCS reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
16. Governing Law and Jurisdiction
16.1. The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this site or pages will constitute the clients consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.
17.1. If any provision of these Terms of Service is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
18.1. Minah Coaching Services chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, its registered address as recorded with the Companies and Intellectual Property Commission. Should you require this address please contact us stating the reason using the General Enquiries link on www.minahcoach.co.za
19.1. Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and MCS on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through direct communication with MCS via the General Enquiries link on email@example.com, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from Expedited Arbitration Rules.
20. Changes to Agreement
20.1. Minah Coaching Services may, in its sole discretion, change these Terms and Conditions or any part thereof at any time. Notice of such changes will be posted on the MCS website. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on.
21. Term and Termination
21.1. These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by MCS from time to time (as described above), for so long as the Website exists and is operational, MCS being entitled to terminate these Terms and Conditions and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by MCS).
22.1. The term “client" or “you” refers to all individuals and entities accessing this website for any reason. The term “MCS” or “we” refers to Minah Coaching Services and its Directors, Management, Employees and formally appointed agents or individuals acting on its behalf.